Somerville Eminent Domain Case Featured in Boston Globe
"Somerville will, in fact, need to pay $28 million to the prior owners of a Washington Street property it seized in 2019, according to a recent court decision, which affirmed an earlier ruling that the city drastically underpaid for the land when it took control of it against the owners’ wishes. The Wednesday decision from the Massachusetts Appeals Court came after a lower court found the four-acre parcel was worth $35.3 million, a sum substantially larger than the roughly $8.8 million the...
Decision: Superior Court backs NU over Nahant
Superior Court backs NU over Nahant As Featured in the Daily Evening Item NAHANT — Essex County Superior Court has denied the town’s petition to take 12.5 acres of land known as East Point from Northeastern University by eminent domain. “The court hereby declares and adjudges that the order of intention to take conservation easement by eminent domain issued by the Board of Selectmen of the Town of Nahant on Sept. 8, 2021… is null and void because the Town of Nahant is pursuing the taking...
Cobble Hill Center, LLC v. Somerville
The Case: Cobble Hill Center, LLC v. Somerville Redevelopment AuthorityThe Court: Middlesex County Superior CourtThe Original Pro Tanto Payment: $8,778,000Jury Verdict: $35,306,000 In order to build a new public safety facility, including new police and fire stations, theSomerville Redevelopment Authority used its eminent domain power to take approximately 4acres of Cobble Hill Center’s land. The Redevelopment Authority paid $8,778,000 for the landbased on their own appraisals. Cobble Hill...
Smith v MBTA
The Case: Mabel E. Smith and Ralph A. Smith v. Massachusetts Bay Transportation Authority The Court: Plymouth County Superior Court The Original Pro Tanto Payment: $450,000 The Judgment: $1,650,000 In order to build a parking lot for the Old Colony Commuter Line, the MBTA took the Smiths’ salvage yard but only paid them $450,000, claiming that the property had contamination issues. The Smiths engaged The McLaughlin Brothers, who along with their hazardous waste and valuation experts,...
Leland v Commonwealth of Massachusetts
The Case: Edmund F. Leland, III, et al v. Commonwealth of Massachusetts The Court: Dukes County Superior Court The Original Pro Tanto Payment: $0 The Judgment: $3,000,000 In order to connect two public beaches, the Commonwealth took the Lelands’ beach on Chappaquiddick Island, Martha’s Vineyard. The Commonwealth’s position was that the Lelands did not own the beach, and that they were owed nothing. The Lelands hired The McLaughlin Brothers to pursue their rights. This case involved...
P.A. Landers v Commonwealth of Massachusetts
The Case: P. A. Landers, Inc. and Mayflower Sand & Gravel Co., Inc. v. Commonwealth of Massachusetts The Court: Plymouth County Superior Court The Original Pro Tanto Payment: $3,850,000 The Judgment: $12,388,000 In order to build a section of Route 44 in Plymouth, the Commonwealth took a portion of P. A. Landers’ sand and gravel pit by eminent domain. The Commonwealth’s position was that the vacant land was only worth $3,850,000. P. A. Landers engaged The McLaughlin Brothers to analyze...
Independence Park v Commonwealth of Massachusetts
The Case: Independence Park, Inc. v. Commonwealth of Massachusetts The Court: Barnstable County Superior Court Pro Tanto Payment: $5,100,000 The Judgment: $11,400,000 The Commonwealth used its eminent domain power to take an undeveloped portion of Hyannis’ Independence Park to protect rare and endangered plants and animals, taking the position that the property was undevelopable because of the presence of endangered species. The property owner hired The McLaughlin Brothers to represent it. ...
Gillette v Commonwealth of Massachusetts
The Case: Gillette Manufacturing (USA), Inc. v. Commonwealth of Massachusetts The Court: Suffolk County Superior Court The Original Pro Tanto Payment: $3,077,800 The Judgment: $7,577,800 In order to build a portion of the Third Harbor Tunnel, the Commonwealth of Massachusetts took by eminent domain a portion of vacant land adjacent to Gillette World Shaving Headquarters in South Boston. The Commonwealth’s position was that the site had marginal development value. Gillette retained The...
Cullaz v Attleboro
The Case: Theresa E. Anderson and Tamara J. Cullaz v. Attleboro Redevelopment Authority The Court: Bristol County Superior Court The Original Pro Tanto Payment: $207,000 The Judgment: $1,100,000 In order to build the Attleboro Industrial/Business Park Project, the Attleboro Redevelopment Authority (“ARA”) used its eminent domain power to take 13 acres of the plaintiffs’ land. The ARA paid $207,000 for the land, taking the position it was too difficult and expensive to develop. The plaintiffs...
Casella v Groton Dunstable
The Case: Casella v. Groton-Dunstable Regional School District The Court: Middlesex County Superior Court The Original Pro Tanto Payment: $1,800,000 The Judgment: $4,138,000 In order to build a new high school, the Groton-Dunstable Regional School District used its eminent domain power to take 177 acres of the Casella family’s land. The School District paid $1.8 million for the land based on their own appraisals. The Casellas had asked for $4.8 million based on the buildable value of the...
Cadillac Fairview v Burlington
The Case: Cadillac Fairview Urban Development Corporation v. Town of Burlington The Court: Middlesex Superior Court The Original Pro Tanto Payment: $660,000 The Judgment: $10,500,000 In order to preserve open space, the Town of Burlington took by eminent domain 221 acres of land owned by one of the largest commercial development firms in the country. Burlington paid $660,000 for the land based in part on their analysis that it was landlocked. Cadillac Fairview hired The McLaughlin Brothers...